M G SUMKUNTE Vs. STATE OF MYSORE

JUDGEMENT

(1.) The appellant was convicted of an offence under Section 5 (1) (d} read with Section 5 (2) of the Prevention of Corruption Act and sentenced to six months' simple imprisonment and a fine of Rs. 1,000/-, in default of payment of fine to further simple imprisonment for six months by the Special Judge, Bidar in Special Case No. 112 of 1963. He appealed to the High Court against the conviction and on the admission of the appeal, the High Court suo motu gave him notice for enhancement of the sentence. Subsequently the State also filed Criminal Petition No. 126 of 1965 for enhancement of the sentence on the ground that under Section 5 (2) of the Act the minimum punishment was to be not less than one year unless the Court for special reasons thought fit to do otherwise. The reasons given by the Special Judge did not appeal to the High Court which dismissed the appeal of the appellant and confirmed the conviction under Section 5 (1) (d). It reduced the fine of Rs. 1,000/- to one of Rs. l00/- but increased the sentence under Section 5 (2) of the Act for the offence under Section 5 (1) (d) to simple imprisonment for one year and in default of payment of fine to simple imprisonment for one month.

(2.) The main point advanced by Mr. Mohan Kumarmangalam appearing for the appellant was that the sanction to investigate the offence given by the Magistrate was not proper inasmuch as he had not recorded any reason as to why he had given permission to an inspector of police, P. Ramarao, to investigate the offence of criminal misconduct of obtaining illegal gratification.

(3.) Section 5-A of the Act contains certain safeguards from undue harassment of public officers from enquiry by ensuring that the investigation in regard to the offences specified is conducted by a police officer of certain designated high ranks except under orders of a Presidency Magistrate or a Magistrate of the First Class. A police inspector does not come within the designated ranks and such an officer could only investigate into the offences wherewith the appellant was charged by order of a Magistrate.